My neighbour!

[neilparf]

Forget that solicitor/mortgagee company doing it. Anyone can obtain title deeds and plans for any house in England - you can do it all online at Land Registry - easy to get a copy: http://www.landregistry.gov.uk/public/p ... -ownership

Scotland: http://www.ros.gov.uk/customerservices/ ... sters.html

The title register and title plan - the later will demonstrate the boundary and indeed both will highlight any drive and any restrictive covenants herein.

If it demonstrates no restrictions on partaking your Rs4 in the location you do, print them out, and pop around to the neighbour and show them to her with your MOT certificate and emissions printout and tell her politely to go spin...

Mmmmm see what she says when you get a Stage 2 and the Pre Cats binned - it's a tad smokey on startup!!

[neilparf]

Hmmmm well there's a problem right there! Where the car is used to be grass, I dug it up 5 odd years ago and put down stones so I could park closer to my house and have the cars out of sight from people walking past my drive

You may need the local authority to grant retrospectively the change of use for your front lawn now drive...

[neilparf]

She then told me if I don't she'll be taking it further.

You're entitled to use your land in any way that is legal, doesn't contravene any restrictive covenant on your deeds and doesn't require planning permission - and changing a lawn into extra parking doesn't require planning permission, so worth checking your deeds I would say.

If the kerb is not dropped or turned to the public highway by the local authority, then the change of 'use' on the front lawn now a parking space may be contentious...

[PetrolDave]

You may need the local authority to grant retrospectively the change of use for your front lawn now drive...

What makes you say that?

Unless you're in a Conservation Area the Local Authority are only concerned if you change the point of access onto the Highway, and that does not appear to be the case here.

[PetrolDave]

If the kerb is not dropped or turned to the public highway by the local authority

Reading what KGRS4 wrote at the beginning of this thread it appears he had an existing drive (i.e. dropped/turned kerbs) which he has extended further onto his property (i.e. not along the Highway) - so that concern would appear not to be relevant here.

[neilparf]

You may need the local authority to grant retrospectively the change of use for your front lawn now drive...

What makes you say that?

Unless you're in a Conservation Area the Local Authority are only concerned if you change the point of access onto the Highway, and that does not appear to be the case here.

Previous experience of property development and created several driveways/parking areas...

If the point of access is not changed, i.e. a properly turned or dropped kerb is not created, then that land is still classed as a grassed verge...

The area of parking on the land is somewhat a second issue as the steer would ultimately come from the kerb being dropped or changed...

[PetrolDave]

If the point of access is not changed, i.e. a properly turned or dropped kerb is not created, then that land is still classed as a grassed verge...

The area of parking on the land is somewhat a second issue as the steer would ultimately come from the kerb being dropped or changed...

Looking at KGRS4's photo in his first post it appears that he has extended the gravel area BEHIND his property (so as to obscure his parked cars from people walking past), so I'm at a loss to understand how an area of grass BEHIND the property could be classed as grassed verge?

And since the turned/dropped kerb is unchanged, then that's a red herring surely?

[neilparf]

If the kerb is not dropped or turned to the public highway by the local authority

Reading what KGRS4 wrote at the beginning of this thread it appears he had an existing drive (i.e. dropped/turned kerbs) which he has extended further onto his property (i.e. not along the Highway) - so that concern would appear not to be relevant here.

Exactly it 'appears'...

His post is slightly ambiguous - it doesn't say clearly he had a dropped/turned kerned driveway in any of his posts - he refers simply to the 'driveway' which could mean that by default he's been using it as a drive for some time so he simply refers to it as that in his own mind.

So, it would appear to be very relevant until he clarify's it. If he's simply extended the drive by removing grass and 'extending' the existing drive in his own boundary with a legacy dropped/turned kerb there's no issue him parking it there, in my opinion...

[neilparf]

If the point of access is not changed, i.e. a properly turned or dropped kerb is not created, then that land is still classed as a grassed verge...

The area of parking on the land is somewhat a second issue as the steer would ultimately come from the kerb being dropped or changed...

Looking at KGRS4's photo in his first post it appears that he has extended the gravel area BEHIND his property (so as to obscure his parked cars from people walking past), so I'm at a loss to understand how an area of grass BEHIND the property could be classed as grassed verge?

And since the turned/dropped kerb is unchanged, then that's a red herring surely?

Is the Kerb turned or dropped? I see no mention or evidence of it in the OP. So, no red herring...

[neilparf]

...appears he had an existing drive (i.e. dropped/turned kerbs)...

Surely, until he shows a photo or says he has a dropped/turned kerb this is an assupmtion?

[PetrolDave]

So, it would appear to be very relevant until he clarify's it.

So why didn't you post simply asking him to clarify that point, and explaining why it's relevant instead of assuming that he had changed the dropped/turned kerbs (which is the tone of your posts)? We should be helping fellow owners not scaring them.

KGRS4 please can you clarify if your "drive" has always had proper dropped or turned kerbs, and whether you have, at any time, extended or changed those without permission from the Local Council? Or indeed if the Local Council have, at your expense, extended or changed them?

If he's simply extended the drive by removing grass and 'extending' the existing drive in his own boundary with a legacy dropped/turned kerb there's no issue him parking it there, in my opinion...

+1
That's been my opinion all along...

[KGRS4]

Sorry guys,

The dropped/lowered kerb has not been touched, it's always had proper dropped/lowered kerbs since this house was built. All I've done is dug up the back lawn and extended the existing driveway for extra parking and to have the car behind my house away from eyes on the street.

Hope this is clearer.

[neilparf]

So, it would appear to be very relevant until he clarify's it.

So why didn't you post simply asking him to clarify that point, and explaining why it's relevant instead of assuming that he had changed the dropped/turned kerbs (which is the tone of your posts)? We should be helping fellow owners not scaring them.

Because I choose to post what I did and he can plug-in his own facts and simply arrive at a conclusion

Scaring him? Really? Your perception of my tone is a little skewed, but anyway...

I am helping the guy - I posted several ways to expedite a copy of his title deed rather than contacting a solicitor or his mortgage company and laid out some very clear facts...

[PetrolDave]

Sorry guys,

The dropped/lowered kerb has not been touched, it's always had proper dropped/lowered kerbs since this house was built. All I've done is dug up the back lawn and extended the existing driveway for extra parking and to have the car behind my house away from eyes on the street.

Hope this is clearer.

I think(!) we're all agreed that means there's no issue you parking there, subject to any restrictive covenants on your Title Deeds.

[neilparf]

Sorry guys,

The dropped/lowered kerb has not been touched, it's always had proper dropped/lowered kerbs since this house was built. All I've done is dug up the back lawn and extended the existing driveway for extra parking and to have the car behind my house away from eyes on the street.

Hope this is clearer.

KGRS4 - excellent. I understand yo are in Scotland, but in England and in my opinion there's no issue subject to any restrictive covenants on your Title Deeds. The drive and indeed the kerbs are above board. With a valid designated driveway, MOT and emissions certificate in force, she has no stance and any case she thinks she has is very vexatious to say the least.

Do the done thing and show her the above MOT and emissions and say the drive is a valid location to park the car and if she so desires to take it further it's her prerogative..

I hope that helped?

Good luck!

CheeRS